The U.S. Court of Appeals of the Federal Circuit has consistently permitted the Commerce Department's use of its non-market economy policy in antidumping cases, the U.S. told the appellate court in a Jan. 18 opening brief. Appealing a Court of International Trade decision calling into question the NME policy, the government argued that "Congress has afforded Commerce wide latitude in how it enforces and implements" the AD statute and "this Court has consistently sustained Commerce's exercise of this discretion, in the absence of unambiguous statutory direction" (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
Tire exporters Guizhou Tyre Co. and Aeolus Tyre Co. asked for 6,000 more words for their opening brief after the U.S. Court of Appeals for the Federal Circuit rejected their bid to submit two separate briefs. The companies noted that they received the government's consent and there's "good cause" to expand the word count (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).